hat constitutes discrimination based on gender?

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hat constitutes discrimination based on gender?

I was told I was being let go due to a change in my position. I have been with the firm working 3/4 days a week for 6 years. Now they are telling me they need someone full-time. After being told they were firing me I said that I would work full-time but they told me I couldn’t because I am “a mom with 4 small children”. I was fired on a Thursday, my last day was that Friday and on Monday my replacement (a male with no children) started in my position.

Asked on November 17, 2011 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It would be worth consulting with an employment law attorney; you may have a claim. If you had indicated in some way that you could not work full time, owing to child care needs, it would not be discrimination: the employer has a right to require full time work, and if  you had said you could not do that, nothing would improper about replacing you.

But from what you write, you indicated that you could and would work full time, but the employer simply assumed that you could not because you are "mom with 4 small children"--i.e. because you are a woman. This may be illegal discrimination.


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